Legal Question in Real Estate Law in Texas

Purchased Home-Not included on loan

In January we closed on our new home. After several weeks in a hotel we arrived at closing to sign our papers. At the signing I was told I needed to write a statement to the effect of I would like to not be included in the loan application as they ran the information with only my spouse and not me (I am assuming because of a bancruptcy we jointly filed 3 years prior and the fact that I do not work but carry some debt). Not fully understanding the ''why'' behind this I did so. I am not on the title of our new home according to the appraisal district-which I was under the impression that I was and would be. Can you please explain to me what actually happened and how it affects my interest in this property and how I can go about righting this ''wrong''.


Asked on 2/09/04, 11:05 am

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: Purchased Home-Not included on loan

It doesn't. Texas is an inception of title state and a community property state. As long as you were married at the time the home was acquired, you have a 1/2 community interest in it; and as long as you live there, you also have a homestead interest.

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Answered on 2/09/04, 3:11 pm


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